ORDER 1. Being aggrieved by the order dated 10.10.1998, passed by XIVth MACT, Indore, in Claim Case No. 3/1992, whereby claim petition was dismissed on the ground of non-payment of PF for respondent No.2, the present appeal has been filed. 2. Short facts of the case are that on account of accident, which took place on 19.7.1991, a claim petition was filed on 7.1.1992, in which the respondents were impleaded as party being driver and owner of the offending vehicle. 3. From perusal of the record it appears that the claim petition proceeded in ex-parte against respondent No. 1 and the claim petition was dismissed against respondent No.2 on the ground that the appellant failed to pay PF. It also appears that process was paid by the appellant on number of occasions, but unfortunately the respondent No.2 could not be able to be served as address of respondent No.2 was not correct. Learned counsel submits that even if appellant was at fault for non payment of PF for respondent No.2, then too the claim petition could not have been dismissed, because respondent No. 1 was duly served and claim petition could have been decided against respondent No. 1 atleast. 4. Since it is a claim petition, therefore, order dated 10.10.1998, is set aside. Learned Tribunal is directed to give one more opportunity to serve respondent No.2 and if the respondent No.2 remains unserved, then the learned Court below shall decide the claim petition against respondent No. 1. 5. With the aforesaid observations the appeal stands disposed of. No order as to costs.